Neighbour refusing to finish extension – where do i stand?

shoe_dog

My next door neighbour carried out a kitchen extension last year (we're immediate neighbours, both mid-terrace). The new kitchen extends beyond the rear elevation of my kitchen thus creating a new boundary wall that now overlooks my garden.

During construction his builders originally fitted a substandard guttering system that overflowed causing some cosmetic damage to the rendering on my kitchen exterior (1). His works also resulted in small gap being left in the rendering of my kitchen where an old facia board on the original rear elevation of his house that overhung the boundary line was removed (2).

The agreement was that the damaged render on my kitchen would be repaired, gaps filled and at the same time the new boundary wall overlooking me would be rendered in the same colour and finish. 

Due to a number of reasons however (continuous bad weather throughout winter/spring, not being able to secure a tradesman to carry out the rendering work) the boundary wall remains unfinished... bare block work (3) and no coping stones fitted to the top of the parapet wall (4).

Now the weather's improved i've chased my neighbour for an update, reminding him i want to get the wall finished and had little response. My neighbours builders have long since packed up and left so I contacted my own builder who's costed up the work (circa £1k) but low and behold my neighbour is now saying he doesn't have the money to cover the cost of the work. Furthermore he's suggested he's not going to add coping stones either, which formed part of the original plans submitted to the council and that i agreed to (5) that would direct water into his guttering and away from my property.

Where do i stand legally?

BUFF

Not only is ther no coping stone but it looks like the wall hasn't been built to the height on the drawing - he isn't complying with the planning permission so I would start by talking to the council planning department.

Doozergirl

BUFF said:

Not only is ther no coping stone but it looks like the wall hasn't been built to the height on the drawing - he isn't complying with the planning permission so I would start by talking to the council planning department.

The planning department won't care about that at all.  There's no material difference in it.  

I don't think building control would be particularly interested either. 

OP, what do you have agreed in writing?

A simple letter before action might be in order, followed by a small claim via MCOL. 

Any damage that they have caused and anything that can cause damage should of course be put right.   The wall rendering is a slightly different situation.  If you have it agreed in writing then that's great, but it's a visual issue for you and not necessarily a legal obligation for them if there is nothing in writing.  

I do remember seeing this some time ago in another thread, so it's time to do something about it. 

Your letter before action can be perfectly polite, saying that your hand is being forced, that you don't want to fall out but you do have to protect your property...  

CSI_Yorkshire

shoe_dog said:

The agreement was... 

Where do i stand legally?

Depends if it was a legal agreement or a throwaway comment.

FreeBear

Doozergirl said: I do remember seeing this some time ago in another thread, so it's time to do something about it.

The photos looked familiar....

https://forums.moneysavingexpert.com/discussion/6363012/neighbours-extension-overhanging-boundary-line

https://forums.moneysavingexpert.com/discussion/6384957/neighbours-extension-caused-cosmetic-damage-where-do-i-stand

So this issue has been dragging on for a year now. I suspect relations with the neighbour have deteriorated, which might be a factor in their reluctance to "make good". An LBA followed by court action might be the only viable option..

That said, it took my neighbour some ten years to render the side of his garage after it was built within inches of my boundary. Debatable whether a tyrolean finish looks better than painted blockwork - I would have preferred a smooth finish to look at.

fatbelly

Doozergirl said:

BUFF said:

Not only is ther no coping stone but it looks like the wall hasn't been built to the height on the drawing - he isn't complying with the planning permission so I would start by talking to the council planning department.

The planning department won't care about that at all.  There's no material difference in it.  

I don't think building control would be particularly interested either. 

OP, what do you have agreed in writing?

A simple letter before action might be in order, followed by a small claim via MCOL. 

  

If he has no money left, don't expect to get anything except the judgement, which will cost you a few hundred.

You can, however, then go for a charging order on his property, recorded at the Land Registry.

When he next moves, you should be paid out of the proceeds of the sale.

Be aware that if he defends the claim, it could get messy

Gavin83

shoe_dog said:

My next door neighbour carried out a kitchen extension last year (we're immediate neighbours, both mid-terrace). The new kitchen extends beyond the rear elevation of my kitchen thus creating a new boundary wall that now overlooks my garden.

During construction his builders originally fitted a substandard guttering system that overflowed causing some cosmetic damage to the rendering on my kitchen exterior (1). His works also resulted in small gap being left in the rendering of my kitchen where an old facia board on the original rear elevation of his house that overhung the boundary line was removed (2).

The agreement was that the damaged render on my kitchen would be repaired, gaps filled and at the same time the new boundary wall overlooking me would be rendered in the same colour and finish. 

Due to a number of reasons however (continuous bad weather throughout winter/spring, not being able to secure a tradesman to carry out the rendering work) the boundary wall remains unfinished... bare block work (3) and no coping stones fitted to the top of the parapet wall (4).

Now the weather's improved i've chased my neighbour for an update, reminding him i want to get the wall finished and had little response. My neighbours builders have long since packed up and left so I contacted my own builder who's costed up the work (circa £1k) but low and behold my neighbour is now saying he doesn't have the money to cover the cost of the work. Furthermore he's suggested he's not going to add coping stones either, which formed part of the original plans submitted to the council and that i agreed to (5) that would direct water into his guttering and away from my property.

Where do i stand legally?

As others have asked how were these agreements made and if it was in writing what exactly was agreed? It would be unusual for
you to have any say in how your neighbour finishes their property so I expect the rendering was something you discussed but it needs confirming.

Naturally any damage should be put right.

BUFF

Doozergirl said:

BUFF said:

Not only is ther no coping stone but it looks like the wall hasn't been built to the height on the drawing - he isn't complying with the planning permission so I would start by talking to the council planning department.

The planning department won't care about that at all.  There's no material difference in it.  

I don't think building control would be particularly interested either. 

Interesting, I think that up here they would (we also have tighter rules on permitted development).

FindMyWayBack

Absolute disgrace, but as it doesn't affect him he won't do it.
I would fill in your render, paint it in and paint breeze blocks to match, men on galloping horses etc.   ...............................

Simonon77

To be honest... I would forget about the capstones, not an issue. Get a quote from someone else to render the wall and fill in your little bit. It's half a days work for a decent experienced handy man. Pay out a few hundred quid and move on with your life.

Yes, the blocks are quite unsightly, but you can easily fix that.

He may well have no money, in which case chasing him through the court or small claims is pointless and costly. There is also quite a good chance they would just say as he has no money, what do you expect him to do, so wait until he can afford it. 

daveyjp

No point doing anything to the wall or render until that terrible detailing of the lead flashing above arrow 1 is sorted out.

At the moment it is directing water to your wall because the parapet and capstone wall hasn't been completed.